R. S. 79, § 9. 14 Mass. 222. Guardian of spendthrift, how appointed. 12. 12 Pick. 152. Contracts of. spendthrift, pending pro void. person is an inhabitant or resident, apply to the probate court to have a guardian appointed for him, the court shall cause notice of not less than fourteen days to be given to the supposed insane person, of the time and place appointed for the hearing; and if after a full hearing it appears that the person in question is incapable of taking care of himself, the court shall appoint a guardian of his person and estate. SECT. 9. When a person by excessive drinking, gaming, idleness, or debauchery of any kind, so spends, wastes, or lessens, his estate, as to expose himself or his family to want or suffering, or any place to charge or expense for the support of himself or his family, the mayor and aldermen or selectmen of the city or town of which such spendthrift is an inhabitant or resident, or upon which he is or may become chargeable, may present a complaint to the probate court, setting forth the facts and circumstances of the case and praying to have a guardian appointed. The court shall cause notice of not less than fourteen days to be given to the supposed spendthrift, of the time and place appointed for the hearing; and if after a full hearing it appears that he comes within the above description, the court shall appoint a guardian of his person and estate. SECT. 10. The complainants under the preceding section may cause a copy of the complaint, with the order of notice, to be filed in the ceedings, when registry of deeds for the county or district; and if a guardian is ap pointed upon such complaint, all contracts, except for necessaries, and all gifts, sales, or transfers, of real or personal estate, made by the spendthrift after such filing of the complaint and order, and before the termi nation of the guardianship, shall be void. R. S. 79, § 13. 3 Pick. 229. Expenses of de- Power and duty of guardian of insane person SECT. 11. When a guardian is appointed for an insane person or spendthrift, the court shall make an allowance, to be paid by the guardian, for all reasonable expenses incurred by the ward in defending himself against the complaint. SECT. 12. The guardian of an insane person or spendthrift shall have the care and custody of the person of his ward and the management of or spendthrift. all his estate; and shall give the bond prescribed in section sixteen, except that the provisions relating to the education of the ward shall be omitted. R. S. 79, §§ 10, 16. 5 Mass. 427. 21 Pick. 36. Guardians of persons out of state. R. S. 79, § 28. powers and duties of. R. S. 79, § 29. bond of. R. S. 79, § 30. OF PERSONS OUT OF THE STATE. SECT. 13. When a person liable to be put under guardianship according to the provisions of this chapter, resides without this state and has any estate therein, any friend of such person, or any one interested in his estate, in expectancy or otherwise, may apply to the probate court for any county in which there is any estate of such absent person, and after such notice to all persons interested as the court shall order and a full hearing and examination, a guardian may be appointed for such absent person. SECT. 14. Such guardians shall have the same powers and duties with respect to any estate of the ward found within this state, and also with respect to the person of the ward if he comes to reside therein, as are prescribed with respect to other guardians appointed under this chapter. SECT. 15. They shall give the bond prescribed in section sixteen, except that the provisions respecting the inventory, the disposal of the estate and effects, and the account to be rendered by the guardian, shall be confined to such estate and effects as come to his hands in this state; and that the provisions respecting the custody of the ward shall not be applicable, unless he comes to reside within this state. GENERAL PROVISIONS. give bond; con SECT. 16. Every guardian shall give bond with surety or sureties to Guardians to the judge of the probate court, in such sum as he shall order, with condition substantially as follows, (except as is provided in sections six, twelve, and fifteen, of this chapter, and section thirteen of chapter one hundred and one :) — First. To make a true inventory of all the real estate and all the goods, chattels, Third. To render an account on oath of the property in his hands, including the Fourth. At the expiration of his trust to settle his accounts in the probate court, or with the ward or his legal representatives, and to pay over and deliver all the estate and effects remaining in his hands or due from him on such settlement to the person or persons lawfully entitled thereto. äition thereof. R. S. 79, § 5. 1855, 280. 1850, 196. 38 Maine, 48. 2 Doug. 433. 1 Pick. 198. 11 Met. 529. Cush. 465. 3 4 Cush. 510. 11 Cush. 18. SECT. 17. Upon taking an inventory, the estate and effects com- of inventory of prised therein shall be appraised by three suitable persons appointed estate, and ac counting thereand sworn as is required with respect to the inventory of the estate of for R. S. 79, § 20. a deceased person; and every guardian shall account for and dispose 4 Cush. 510. of the personal estate of the ward as is directed with respect to executors and administrators in sections one, two, three, six, and seven, of chapter ninety-eight. powers and du 21 Pick. 36. SECT. 18. Every guardian shall pay all just debts due from his ward, Guardians, out of the personal estate if sufficient, and if not, out of the real estate ties of. upon obtaining a license for the sale thereof as provided in chapter one R. S. 79, § 17. hundred and two. He shall settle all accounts of the ward, and demand, sue for, and receive, all debts due to him, or, with the approbation of the probate court, compound for the same and give a discharge to the debtor upon receiving a fair and just dividend of his estate and effects; and he shall appear for and represent his ward in all legal suits and proceedings, unless another person is appointed for that purpose as guardian or next friend. be SECT. 19. He shall manage the estate of the ward frugally and without waste, and apply the income and profits thereof, so far as may necessary, to the comfortable and suitable maintenance and support of the ward and his family. If the income and profits are insufficient for that purpose, the guardian may sell the real estate, upon obtaining a license therefor as provided by law, and apply the proceeds thereof, so far as may be necessary, for the maintenance and support of the ward and his family. Same subject. partition of real &c. SECT. 20. He may, except when he has an interest adverse to that may make of the ward in the estate to be divided, make partition of the real estate estate of ward, of his ward when lying in common and undivided, either upon petition set off dower, for partition or otherwise, as fully and in like manner as the ward could R. S. 79, § 19. do if he were under no disability; may assign and set out dower in his 1852, 248, §§ 1, 2. ward's estate to any widow entitled thereto, and may appoint an appraiser of real estate on an execution either against or in favor of his ward. ther is living, SECT. 21. If a minor who has a father living, has property sufficient Property of mifor his maintenance and education in a manner more expensive than nor, whose fathe father can reasonably afford, regard being had to the situation of when applied to the father's family and to all the circumstances of the case, the expenses R. S. 78, § 2. of the maintenance and education of such child may be defrayed out of 1844, 88. his support. 4 Mass. 97. 6 Johns. R. 566. his own property, in whole or in part, as shall be deemed reasonable by 2 Mass. 113,415. the probate court; and when necessary, his real estate may be sold for that purpose by the guardian, upon obtaining license therefor as provided in other cases of sales by guardians. The charges for such expenses may be allowed in the settlement of the accounts of the guardian. Courts may authorize sales of investments. R. S. 79, § 21. SECT. 22. The probate courts in the several counties, or the supreme stocks, &c., and judicial court, on the application of a guardian or any person interested in the estate of a ward, after notice to all other persons interested therein, may authorize or require the guardian to sell and transfer any stock in the public funds, or in any corporation, or any other personal estate or effects held by him as guardian, and invest the proceeds thereof and all other moneys in his hands, in real estate, or in any other manner that shall be most for the interest of all concerned. Said courts respectively may make such further order and give such directions as the case may require, for managing, investing, and disposing of, the estate and effects in the hands of the guardian. By order of S. J. C. guardian may transfer property of SECT. 23. When a person under guardianship removes out of this state, his guardian may pay over and transfer the whole or any part of his property to any guardian or trustee, appointed by competent authorward removing ity in the state to which the residence of the ward is removed, upon such terms and in such manner as the supreme judicial court, sitting in any county, upon bill or petition filed therefor, shall decree. 1858, 117. Removal, resig- guar R. S. 79, § 22. Marriage of fe extinguishes authority. 1837, 171, § 1. SECT. 24. When a guardian, appointed either by a testator or by the probate court, becomes insane or otherwise incapable of discharging his trust, or evidently unsuitable therefor, the court, after notice to him and all others interested, may remove him. Upon the request of a guardian, the probate court in its discretion may allow him to resign his trust. Upon such removal or resignation, and upon the death of a guardian, another may be appointed in his stead. SECT. 25. When a female guardian marries, her husband shall not be male guardian guardian in her right, but the marriage shall extinguish her authority, and the other guardian, if there is any, may proceed in discharging the trust. If there is no other guardian, the probate court may appoint one or make such other order in the premises as the case requires. Wards, when and how discharged from guardianship. K. S. 79, § 23. Sureties may be new bond required. SECT. 26. The marriage of a female under guardianship as a minor, shall discharge her guardian from all right to her custody and education, but not to her property; and the guardian of an insane person or spendthrift may be discharged by the probate court, on the application of the ward or otherwise, when it appears that such guardianship is no longer necessary. SECT. 27. The supreme judicial court and the probate court may re discharged and quire a new bond to be given by a guardian, and may discharge sureties from future responsibility, in like cases and upon like terms and conditions as are prescribed in chapter one hundred and one with regard to bonds and sureties of executors and administrators. R. S. 79, § 24. See Ch. 101, §§ 15-18. Bonds may be ings. in SECT. 28. Bonds given by guardians may be put in suit by order of sued. Proceed the probate court, for the use and benefit of the ward or any person terested in his estate. The proceedings in such suit shall be conducted in like manner as is provided with respect to suits on the bonds of executors or administrators. R. S. 79, § 25. 19 Pick. 403. 21 Pick. 36. See Ch. 101. Action against &c. . SECT. 29. No action shall be maintained against the sureties in surety limited, bond given by a guardian, unless commenced within four years from the time the guardian is discharged; but if at the time of such discharge the person entitled to bring such action is out of the state, it may be commenced at any time within four years after his return. R. S. 79, § 26. 9 Cush. 69. Proceedings for recovering ef SECT. 30. Upon complaint to the probate court by a guardian, ward, creditor, or other person interested in the estate of a ward, or by a per &c. 4 Cush. 46. son having claims thereto in expectancy as heir or otherwise, against fects concealed, SECT. 31. Every guardian shall be allowed his reasonable expenses Compensation incurred in the execution of his trust, and shall have such compensation B. S. 79, § 32. of guardians. for his services as the court deems just and reasonable. OF THE ADOPTION OF CHILDREN AND CHANGE OF NAMES. child. SECTION 1. Any inhabitant of this state may petition the probate Petition for court in the county of his residence for leave to adopt a child not his adoption of a own, and, if desired, for a change of the child's name; but the prayer 1851, 324, §§ 1, 4. of such petition by a person having a husband or wife shall not be See § 13. granted unless the husband or wife joins therein. 1854, 24. en by parents, SECT. 2. The parents of the child, or the survivor of them, shall, Consent thereexcept as herein provided, consent in writing to such adoption. If nei- to must be givther parent is living, the guardian of the child, or if there is no guardian, &c. the next of kin in this state, may give such consent; or if there is no 1852, 262. next of kin, the court may appoint some suitable person to act in the 1853, 31. proceedings as next friend of the child, and to give or withhold such consent. 1851, 324, § 2. when either &c. 1853, 402. 1859, 61, § 1 SECT. 3. If either parent is insane, or imprisoned in the state prison or a house of correction under a sentence for a term not less than three parent is insane, years, or has wilfully deserted and neglected to provide proper care and maintenance for the child, for one year next preceding the time of filing the petition, the court shall proceed as if such parent were dead, and in its discretion may appoint some suitable person to act in the proceedings as next friend of the child, and give or withhold the consent aforesaid. consent. SECT. 4. If a parent does not consent to the adoption of his child, Proceedings if the court shall order a copy of the petition and order thereon to be parent does not served on him personally, if found in the state, and if not, to be pub- 1859, 61, § 2. lished once a week for three successive weeks, in such newspaper printed in the county as the court directs, the last publication to be at least four Consent by and decree of Relation and child and parents by adoption. 1851, 324, § 6. weeks before the time appointed for the hearing. Like notice shall also be published when a child has no parent living, and no guardian nor next of kin in this state. The court may order such further notice as it deems necessary or proper. SECT. 5. If the child is of the age of fourteen years or upwards, the adoption shall not be made without his consent. SECT. 6. If, upon such petition so presented and consented to, the court is satisfied of the identity and relations of the persons, and that the petitioner is of sufficient ability to bring up the child, and furnish suitable nurture and education, having reference to the degree and condition of its parents, and that it is fit and proper that such adoption should take effect, a decree shall be made setting forth the facts, and ordering, that from the date of the decree the child shall to all legal intents and purposes be the child of the petitioner. SECT. 7. A child so adopted shall be deemed, for the purposes of inrights between heritance by such child and all other legal consequences and incidents of the natural relation of parents and children, the child of the parents by adoption, the same as if he had been born to them in lawful wedlock; except that he shall not be capable of taking property expressly limited to the heirs of the body or bodies of the parents by adoption, nor property from the lineal or collateral kindred of such parents by right of representation. Rights of natural parents taken away, &c. 1851, 324, § 7. Appeals. 1851, 324, § 8. When decree may be reversed. 1859, 61, § 2. Change of names, how lawfully made. 1851, 256, § 1. See Ch. 107, § 23. Notice and cer- Change of child's name in case of adop tion. 1854, 24. SECT. 8. The parents of such child shall be deprived by the decree of all legal rights as respects the child; and the child shall be freed from all obligations of maintenance and obedience as respects his parents. SECT. 9. Any petitioner may appeal to the supreme judicial court from the decree of the probate court on such petition, in like manner as appeals may be taken from other decrees of that court; and any child made the subject of such petition may by a next friend appeal in like manner; but no bond shall be required or costs awarded against such child or next friend. SECT. 10. A parent who has not before the hearing upon a petition for the adoption of his child had personal notice thereof, may, at any time within one year after actual notice, apply to the supreme judicial court to reverse the decree. Said court, after due notice, may in its discretion reverse the same, if it appears that any of the material allegations in the petition were not true. CHANGE OF NAMES. SECT. 11. Applications for change of names of persons may be heard and determined by the probate courts in the several counties. No lawful change of the name of a person, except a woman upon her marriage or divorce, shall be made in this state, unless for sufficient reason consistent with the public interest and satisfactory to said court in the county where the party resides. SECT. 12. Before decreeing a change of name, except as is provided in the following section, the court shall require public notice of the appli cation therefor to be given, that all persons may appear and show cause, if any they have, why the same should not be granted. The court shall also require public notice to be given of the change decreed, and on return of proof thereof may grant a certificate, under the seal of the court, of the name the party is to bear, and which shall thereafter be his legal name. SECT. 13. If in a petition for the adoption of a child, a change of the child's name is requested, the court, upon decreeing the adoption, may also decree such change of name and grant a certificate thereof, without the notices required by the preceding section. |